Registering children without UK settled status in nurseries

Nursery owners increasingly encounter families whose children do not have UK settled status — asylum seekers, families on time-limited visas, and those with pre-settled status under the EU Settlement Scheme. Questions about eligibility for funded hours, what you are allowed to ask, and what your obligations are can feel unclear. This guide gives you the straightforward answers.

Your obligation to register children

A child's immigration status does not affect their right to access early years childcare. Any child aged 0–5 can attend a registered nursery in England regardless of their family's immigration status. You are not permitted to refuse registration on the basis of nationality, ethnicity, or immigration status — to do so would be unlawful discrimination under the Equality Act 2010.

You are also not required to check a family's immigration documents. Your job is to register children for childcare, not to enforce immigration law.

Free entitlement hours — who is eligible

The 15-hour universal entitlement for 3 and 4 year olds is available to all children of that age resident in England, regardless of their parents' immigration status. You can claim funded hours for any 3 or 4 year old attending your nursery.

The extended 30-hour entitlement is different. This is linked to parental employment and requires parents to meet income and immigration eligibility criteria. Parents must apply through the government's Childcare Service and receive a code to present to the nursery. You do not determine eligibility — HMRC does, through the application process. If a parent presents a valid 30-hour code, you can claim the hours. If they don't have a code, you cannot claim the extended hours on their behalf.

Families on certain types of visa — including visitor visas, some student visas, and those with No Recourse to Public Funds (NRPF) conditions — may not be eligible for the 30-hour offer. This is for HMRC to determine, not you.

The 2-year-old funded entitlement

The 15-hour funded entitlement for eligible 2-year-olds (now being expanded to 9-month-olds under the government's childcare expansion) has its own eligibility criteria. For the means-tested element, families must meet income thresholds. For the universal element (from September 2024 expansion), it covers all 2-year-olds.

Families with NRPF conditions may be eligible for the means-tested 2-year-old entitlement if their child is looked after by the local authority, has a child protection plan, or is on the at-risk register. Eligibility for this group is determined by the local authority, and you should contact your local authority EYFS team for guidance on specific cases.

Early Years Pupil Premium (EYPP)

EYPP provides additional funding to nurseries for 3 and 4 year olds who are disadvantaged — including children from asylum-seeking and refugee families. A child is eligible for EYPP if they meet any of the following criteria:

• Their family receives Universal Credit with net earnings not exceeding £15,400 per year
• Their family receives Income Support, income-based JSA, or income-related ESA
• Their family receives support under Part VI of the Immigration and Asylum Act 1999
• The child is currently looked after by a local authority
• The child has left care through adoption, a special guardianship order, or a child arrangements order

Support under the Immigration and Asylum Act 1999 is specifically relevant to asylum-seeking families. Children of families in the asylum system may well be EYPP-eligible, and this funding (around £300–£400 per year per child) is worth claiming.

Check eligibility at registration and at each funding claim point. Parents can self-declare eligibility, but you should have a process for collecting and retaining evidence.

Practical considerations for supporting these families

Families in the asylum system or without settled status often face significant instability — frequent moves, financial hardship, language barriers, and trauma. From a nursery operations perspective:

• Language — if parents don't speak English, consider how you will communicate key information including safeguarding concerns, consent, and daily updates. Translation apps and community interpreters can help.
• Documentation — you may not be able to obtain the same registration documentation from these families as from others. Be flexible on non-essential requirements while maintaining safeguarding essentials.
• Support networks — local authorities and refugee support organisations can be a resource. Building a relationship with your local authority EYFS team is useful for cases where you're unsure about eligibility or support.

What Ofsted expects

Ofsted expects nurseries to be inclusive and to serve all children without discrimination. An inspector seeing a diverse intake is not a red flag — it's evidence that the nursery is doing what a community-serving childcare provider should. What inspectors look for is that safeguarding processes are applied consistently, that communication with all families is appropriate, and that all children's developmental needs are being met.